Application for judicial review of the grant of planning permission by Ashford Borough Council for four gypsy pitches and associated development.
Held: The permission had been granted without proper consideration of the point that the grant would serve as a precedent for future decisions. The court of appeal had said that three tests were to be used for determining when a decision was invalid for failure to have regard to such a consideration: (i) no reasonable authority would have failed to take the consideration into account, (ii) there was a real possibility that the authority would have reached a different decision had regard been given to it and (iii) the consideration was one which would have tipped the balance to some extent, or would have had some weight, one way or another, had it been taken into account without necessarily being determinative.
John Howell QC DHCJ
[2016] EWHC 1525 (Admin), [2016] WLR(D) 342
Bailii, WLRD
England and Wales
Planning
Updated: 01 November 2021; Ref: scu.566265